Construction Litigation VS Construction Arbitration

Courtesy-constructionlaw

During an event of dispute between 2 parties or individuals, there are ways to resolve them. In order to come to a conclusion, both the individuals and parties need to know the difference between construction litigation and arbitration.

Construction litigation is defined as, when a mediator or mediation does not work while solving a conflict between 2 parties. Such disputes are solved inside a court.

Construction arbitration is when a dispute between 2 parties is solved via the intervention of a third-party or non-affiliated individual.

These are some of the differences between the two.

  • Price – For construction litigation, a highly experienced lawyer is a must. While a lawyer isn’t necessary for construction arbitration if one wishes to save some cash. However, construction arbitration requires hiring of an arbitrator whose fees may change based on the experience.
  • Speed – When it comes to solving the matter, construction arbitration is a whole lot faster. That’s because, if the matter gets resolved outside the court, then the process can start asap. While construction litigation takes several days or even months due to the matter being resolved in a courtroom.
  • Evidence – For construction litigation, the lawyer will use all the evidence and then present it to the court based on both the parties. The evidence will then be studied and the right decision will be passed by the judge. While construction arbitration does not involve any evidence to be presentedwhich may become a limited source and cause nuisance in the future.
  • Appeals – As construction litigation matter takes place inside a courtroom, the losing party has a chance to appeal to the judge. While no appeals are involved in arbitration.

It is important to hire a construction lawyer to solve these disputes. An experienced construction lawyer will have the knowledge on the various building and construction laws.